The deputies in Midland County got all uppity and decided they would try to use the petition procedure under LGC �152.072 to get themselves a raise. Well, lo and behold, they got enough signatures and I now have a headache. The Commissioners chose to call an election instead of negotiate and it will be on the ballot in November. Anyway, here is the issue giving me a headache. Are bailiffs of the District and County Courts at Law included in the raises?

Section 152.072 does not refer to the salaries of "employees" of the sheriff's department, but to each "member" of the department. Of course, "member" is not defined. GC 53.002 allows our District Judges to appoint bailiffs, which they all have done. Under GC 53.004 bailiffs of Midland County District Courts must be licensed by TCLEOSE and GC 53.007 requires our Sheriff to deputize the bailiffs upon request of the District Judges. The Sheriff has deputized each bailiff. Each bailiff takes an oath of office as a �Deputy Sheriff� and the Deputation signed by the Sheriff refers to them as a �Deputy Sheriff.� The petition signed by the voters does not specify a salary for bailiffs but does include a minimum salary for �Deputy Sheriffs.� Applying the old legal maxim that if it walks like a deputy sheriff and quacks like a deputy sheriff it must be a deputy sheriff, it seems to me like they are deputy sheriffs and therefore members of the Sheriff�s Department and included in the petition. Of course, I wouldn�t be asking this question if I didn't have rabid opposition to my opinion. I would appreciate any thoughts anyone might be willing to share.